Attachment 3
1
1. REPRESENTATIVE OF THE RCUH
The Technical Representative of the Contracting Officer is name, title, Facilities Planning and Management Office–UH or CC, telephone number including area code.
2. EXAMINATION OF PLANS AND SPECIFICATIONS
The Contractor shall examine carefully the bid, plans, specifications, and contract forms. By signing the contract, the contractor certifies an understanding as to the conditions to be encountered, as to the character, quality and quantities of work to be performed, and labor, material, and equipment to be furnished, and as to the requirements of the specifications. No additional compensation will be granted because of the lack of knowledge or misunderstanding of all the requirements of the work to be accomplished.
3. CONDITIONS AT SITE
The Contractor shall visit the site and examine the conditions of same and be aware or satisfied as to the character and amount of work to be performed as called for by the specifications. No additional allowance will be granted because of lack of knowledge of such conditions. Contractors shall arrange for an appointment by calling the Name of Technical Representative or Director of Administrative Services for CC Campuses, phone number on any normal working day, Monday through Friday, after 9:00 a.m., but not later than 4:00 p.m.
4. INSURANCE
Contractor shall maintain General Liability insurance acceptable to the RCUH in full force and effect throughout the term of this contract. The policy or policies of insurance maintained by the Contractor shall provide Combined Single Limit Coverage (bodily injury and property damage) in the amount of $1,000,000 per occurrence and $2,000,000 per project aggregate. Insurance shall be in force the first day of the term of this contract.
Each insurance policy required by this contract shall contain the following two (2) clauses:
a. “It is agreed that any insurance maintained by the RCUH will apply in excess of, and not contribute with, insurance provided by this policy.”
b. “The University of Hawaii and RCUH are added as additional insureds with respect to operations performed for the University of Hawaii and RCUH.”
Clauses a and b are waived for any professional liability/errors and omissions liability insurance.
The Contractor is required to notify RCUH of any changes to the Contractor’s insurance policies or any cancellation of insurance at least THIRTY (30) days prior to the change or cancellation.
Workers’ Compensation Insurance – The Contractor shall obtain workers’ compensation insurance for all persons whom they employ in carrying out the work under this contract. This insurance shall be in strict conformity with the requirements of the most current and applicable State of Hawaii Workers’ Compensation Insurance laws in effect on the date of the execution of this contract and as modified during the duration of the contract.
Auto Liability Insurance – The Contractor shall obtain Auto Liability Insurance covering all owned, non-owned and hired autos with coverage of not less than $1,000,000 per occurrence for Bodily Injury (per person); not less than $1,000,000 per occurrence for Bodily Injury (per accident); and not less than $1,000,000 per occurrence for Property Damage. The required limit of insurance may be provided by a single policy or with a combination of primary and excess policies.
All insurance described herein shall be primary and cover the insured for all work to be performed under the contract, all work performed incidental thereto or directly or indirectly connected therewith, including traffic detour work or other work performed outside the work area and all change order work.
The Contractor agrees to deposit with the RCUH, on or before the effective date of this contract, certificates of insurance necessary to satisfy the RCUH that the insurance provisions of this contract have been complied with and to keep such insurance in effect and the certificates therefore on deposit with the RCUH during the entire term of this contract.
The RCUH shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of the RCUH, the insurance provisions in this contract do not provide adequate protection for the RCUH, the RCUH may require the Contractor to obtain insurance sufficient in coverage, form, and amount to provide adequate protection. The RCUH’s requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required.
The RCUH shall notify the Contractor in writing of changes in the insurance requirements; and if the Contractor does not deposit copies of acceptable insurance policies with the RCUH incorporating such changes within SIXTY (60) days of receipt of such notice, this contract shall be in default without further notice to the Contractor and the RCUH shall be entitled to all legal remedies.
The procuring of such required policy or policies of insurance shall not be construed to limit the Contractor’s liability hereunder nor to fulfill the indemnification provisions and requirements of this contract. Notwithstanding said policy or policies of insurance, the Contractor shall be obligated for the full and total amount of any damage, injury, or loss arising from its acts or omissions with respect to this contract.
5. BUILDER’S RISK INSURANCE
The Contractor shall take out a policy of builder’s risk insurance in the amount equivalent to the contract amount, with the RCUH named as a loss payee under each policy, covering all work, labor, and materials furnished by such Contractor and its Subcontractors against loss by fire, windstorm, lightning, explosion and other perils covered by the Extended Coverage Endorsement, and vandalism and malicious mischief.
The insurance policy shall contain the following:
“All rights of subrogation are hereby waived against the University of Hawaii, RCUH, and the State of Hawaii, their officers, employees, and agents.”
A standard loss payee clause naming the RCUH as loss payee.
The Contractor agrees to deposit with the RCUH Procurement and Disbursing Manager, on or before the effective date of this contract, a certificate of insurance as evidence that such insurance provisions of this contract have been complied with and to keep such insurance in effect and the certificates thereof on deposit with the RCUH during the entire term of this contract. The Contractor is required to notify RCUH of any changes to the Contractor’s insurance policies or any cancellation of insurance at least THIRTY (30) days prior to the change or cancellation.
6. INTENT OF PLANS AND SPECIFICATIONS
It is intended that the plans and specifications shall include all work necessary for the proper completion of the work. The Contractor shall comply with the obvious intent and meaning of these specifications which shall be construed to include all labor and materials, measures and modes of work necessary to complete work herein specified in a workmanlike manner and to the satisfaction of the RCUH. In case of any discrepancy in the plans and specification, the matter shall be immediately submitted to the RCUH without whose decision said discrepancy shall not be adjusted by the Contractor.
7. PERMITS AND LICENSES
The Contractor shall obtain and pay for all necessary permits licenses, and give all notices required for the execution of the work.
8. CONTRACTOR’S LICENSES
In accordance with Section 444-9, Hawaii Revised Statutes, no person shall act, or assume to act, or advertise, as a general engineering contractor, general building contractor or specialty contractor without a license previously obtained under and in compliance with the provisions of Chapter 444, Hawaii Revised Statutes, and the rules and regulations of the Contractor’s License Board.
9. LISTING OF JOINT CONTRACTORS AND/OR SUBCONTRACTORS
All bidders shall include name and nature of scope of work to be performed by each person or firm to be engaged by the bidder as a Joint Contractor or Subcontractor in the performance of the contract as required by and specified on the bid pages. The form is provided and made a part of the bid form. All specialty work which the bidder is licensed to perform and has identified in its bid that it will perform, shall perform the work with its own employees. The list shall not be changed or altered after bid opening without the written consent of the RCUH.
10. LAWS AND REGULATIONS
This is a federal funded construction contract and as such is governed by applicable federal law and regulations including the following:
Equal Employment Opportunity – Executive Order 11246, “Equal Employment Opportunity”, as amended by E.O. 11375 and as supplemented by regulations at 41 CFR part 60, Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.
Copeland “Anti-Kickback” Act (18 U.S.C.874 and 40 U.S.C. 276c) –The Act provides that each contractor shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled.
Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7) – Contractors are required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week.
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) – Under the law, contractor shall compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Rights to Inventions Made Under a Contract or Agreement – Rights to any invention resulting under this contract shall be governed by 37 CFR part 401.
Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended – Contractor shall comply with cited clean air and water pollution acts.
Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) – The contractor shall sign a certification attesting to their compliance with the cited law prior to execution of an agreement.
Debarment and Suspension (E.O.s 12549 and 12689) – The contractor shall sign a certification attesting to the compliance with the cited Executive Order(s) prior to execution of a contract.
The Contractor’s attention is also directed to the following statutes in Hawaii Revised Statutes:
Chapter 104 Wages and Hours of Employees on Public Works
Chapter 237 General Excise Tax Law
Chapter 377 Hawaii Employment Relations Act
Chapter 383 Hawaii Employment Security Law
Chapter 386 Workers’ Compensation Law
Chapter 387 Wage and Hour Law
Chapter 388 Wages and Other Compensation, Payment of
Chapter 392 Temporary Disability Insurance
Chapter 393 Prepaid Health Care Act
Chapter 396 Occupational Safety and Health
Chapter 425 Partnerships
Chapter 444 Contractors
By signing the contract, the Contractor certifies that the statutes have been read and are understood. If applicable, the Contractor shall comply with the provisions and acknowledges any rights the RCUH has under these laws.
The Contractor further agrees that the U.S. Comptroller General, University of Hawaii, RCUH, or any of their duly authorized representatives shall have access to, and the right to inspect or audit any directly pertinent books, documents, papers and records of the Contractor or any Subcontractor involving transactions related to this contract.
11. PREVAILING WAGE REQUIREMENTS APPLICABLE TO ALL CONTRACTS FOR CONSTRUCTION OF PUBLIC WORKS IN EXCESS OF $2,000 (INCLUDING ALTERATIONS, REPAIR, PAINTING, AND DECORATING)
In accordance with the provisions of the Davis Bacon Act and Chapter 104, Hawaii Revised Statutes, the following shall be complied with by the Contractor, Subcontractor, and others who are connected with this job.
Federal law (40 U.S.C. 276a to a-7) provides that laborers and mechanics employed on federal funded construction contracts exceeding $2,000 shall be entitled to minimum wages and any increases specified in a wage determination made by the Secretary of the U.S. Department of Labor. It is the responsibility of the Contractor to keep current of all changes to the prevailing wage rates.
All laborers and mechanics engaged in the performance of this contract on the job site shall be paid prevailing wages not less than those determined by the Secretary of the U.S. Department of Labor to be the prevailing wages for corresponding classes of laborers and mechanics on any project of similar character in the State. Wage determinations are issued periodically by the U.S. Department of Labor and can be found at the following website: http://www.dol.gov/whd/govcontracts/dbra.htm. All rates are subject to change.
The prevailing wages shall be periodically increased during the performance of the contract in an amount equal to the increase in the prevailing wages for those kinds of work as periodically determined by the Secretary of the U.S. Department of Labor. Notwithstanding the provisions of the original contract, if the prevailing wage has increased, the rate of pay of laborers and mechanics on a public work project shall be raised accordingly.
Payroll records for all laborers and mechanics working at the site of the work shall be maintained by the General Contractor and its Subcontractors, if any, during the course of the work and preserved for a period of THREE (3) years thereafter. Such records shall contain the name and address of each employee, the employee's correct classification, rate of pay, daily and weekly number of hours worked, deductions made, and actual wages paid. Such records shall be made available for inspection by the Research Corporation of the University of Hawaii or any authorized representative thereof who may also interview employees during working hours on the job.